Employee and Employer Contributions
This 401(k) plan likely includes a combination of employee deferrals and employer contributions. In divorce, contributions must be clearly divided in the QDRO. Generally, employee contributions are 100% vested immediately, but employer contributions may be subject to a vesting schedule.
Any portion of the employer contributions that hasn’t vested as of the cutoff date (usually the date of divorce or separation) will likely be excluded from the alternate payee’s share. It’s vital to request and examine the vesting report from the plan to ensure the QDRO protects the correct dollar amount.

